Act No. 15 Of 2008

Original Language Title: Undang-Undang Nomor 15 Tahun 2008

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ea41eba30a057313231353337.html

! kc AGREEMENT. Endorsement. Reciprocal Assistance. Criminal. Law 15-2008 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 62, 2008 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4847) legislation of the REPUBLIC of INDONESIA number 15 in 2008 ABOUT the ENDORSEMENT of the TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (Treaty on MUTUAL ASSISTANCE in CRIMINAL MATTER) with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the Republic of Indonesia is a State of law based on Pancasila and the Constitution of the Republic of Indonesia in 1945 that support and ensure the certainty of , order, and the protection of the law that a core of Justice and righteousness;
.,, b. that the foreign relations which is based on non active politics aimed at national interests developed by increasing friendship and cooperation both bilateral, regional and multilateral to realize the world order based on independence, peace, and social justice;
.,, c. that the development of a criminal offence which is primarily transnational or cross country was further increased the incidence of legal issues that resulted in a country with other countries so that the need of bilateral cooperation, regional, and multilateral in the prevention, investigation, prosecution, and related to the handling of criminal cases;
.,, d. that the Government of Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Viet Nam and the agreement to increase the effectiveness of the law enforcement agencies of the parties in the prevention, investigation, prosecution, and related to the handling of criminal cases through cooperation and mutual assistance in a criminal matter, by signing the Treaty on Mutual Legal Assistance in Criminal Matters (Treaty on Mutual Assistance in Criminal Matter) on 29 November 2004 in Kuala Lumpur , Malaysia;
.,, e. that based on considerations as referred to in letter a, letter b, letter c, letter d and need to ratify Treaty on Mutual Legal Assistance in Criminal Matters (Treaty on Mutual Assistance in Criminal Matter) by law;
.,, Considering: 1. Article 5 paragraph (1), article 11, and article 20 of the Constitution of the Republic of Indonesia in 1945;
., ,2. Law Number 37 year 1999 concerning foreign relations (State Gazette of the Republic of Indonesia year 1999 Number 156, additional sheets of the Republic of Indonesia Number 3882);
., ,3. Law Number 24 year 2000 concerning international treaty (State Gazette of the Republic of Indonesia year 2000 Number 185, an additional Sheet of the Republic of Indonesia Number 4012);
., ,4. Law No. 1 of 2006 on Reciprocal Assistance in Criminal Matter (State Gazette of the Republic of Indonesia number 18 in 2006, an additional Sheet of the Republic of Indonesia Number 4607);
Together with the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA and the PRESIDENT of the REPUBLIC of INDONESIA DECIDES:.,, set: the law on RATIFICATION TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (Treaty on MUTUAL ASSISTANCE in CRIMINAL MATTER).
Article 1 affirms the Treaty on Mutual Legal Assistance in Criminal Matters (Treaty on Mutual Assistance in Criminal Matter) which was signed on 29 November 2004 in Kuala Lumpur, Malaysia, that copies of the original texts in the language of the translation is in English United Kingdom and Indonesia as attached and part of which is inseparable from the Act.

Article 2 this law comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on 30 April 2008 The PRESIDENT of the REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 30 April 2008 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, STATE GAZETTE SUPPLEMENTARY MATTOANGIN RI No. 4847 (explanation of the 2008 State Gazette Number 62) EXPLANATION for the law of the Republic of INDONESIA number 15 in 2008 ABOUT the ENDORSEMENT of the TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (Treaty on MUTUAL ASSISTANCE in CRIMINAL MATTER) i. General. , Republic of Indonesia, is a State of law based on Pancasila and the Constitution of the Republic of Indonesia of 1945 guarantee certainty, orderliness, and legal protection are the core of Justice and truth. Construction of national law is directed at the attainment of national legal systems that support common tasks of governance and national development, including the holding of a foreign non-active to realize a world order based on independence, peace, and social justice.
.,, The development of science and technology especially the development of transport, communications and information has resulted in one country with another country as indefinitely so that the transfer of people and goods from one country to another is done easily and quickly. On the other hand it lead to increased transnational crime with a more sophisticated modus operandi. Therefore, to facilitate the prevention and handling of the criminal justice process, the necessary cooperation between Governments more effective.
.,, To enhance the effectiveness of law enforcement agencies in order to prevent and combat transnational crime, the Government of Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Viet Nam and unanimous holding cooperation mutual legal assistance in criminal matter by forming the Treaty on Mutual Legal Assistance in Criminal Matters (Treaty on Mutual Assistance in Criminal Matter) which was signed on 29 November 2004 in Kuala Lumpur Malaysia.
.,, This agreement became the legal basis for the parties to provide mutual assistance in a criminal matter may be covering an area of investigation, prosecution, and criminal justice process.
., The Treaty on Mutual Assistance in Criminal Matter is, among others, contains a few things as follows: a. the scope of assistance which may be granted under this agreement include:.,, 1. the taking of evidence or statements from someone;., .2. setting so that someone can give evidence or assist in the process of criminal cases; 3. submission of documents relating to the judicial process;

4. actions of searches and seizures;

5. an investigation into the action of objects and places;

6. the submission of the original or copies of the documents legalised, notes, and evidence;., .7. identification or traceability of property obtained from criminal acts and objects used to commit a criminal offence;
., ,8. the blocking and confiscation of crime proceeds treasures that can be repossessed or seized; 9. the deprivation and the property returns the results of a criminal offence;

10. search and identification of witnesses and suspects; and,, 11. the other grant was agreed upon in accordance with the objectives of this agreement and the provisions of the law and regulations of the Parties requested.
., b., each State is required to designate a central authority (central authority) as one of the efforts to simplify the process of filing a request for assistance from a country to another, and delivered at the time of the submission of the instruments of ratification.
.,, c. each State could bring someone or prisoners to testify or help the investigation, prosecution, and the judicial process in the country of Peminta.
.,, c. each State is obliged in accordance with its national law did a search to find out the existence or identity of a person and deliver documents or data related to crime in the country Requested State at the request of Peminta.
.,, d. Each State is obliged in accordance with its national law did a search to find out whereabouts, find, block, freeze, seize, or robs the wealth that comes from the criminal act and the tools used to commit criminal acts.

II. For the SAKE of ARTICLE ARTICLE article 1, article 2, clear enough, clear enough,